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STATE v. PLATH

22027

281 S.C. 1 (1984)

313 S.E.2d 619

The STATE, Respondent, v. John H. PLATH and John D. Arnold, Appellants.

Supreme Court of South Carolina.

Decided January 17, 1984.

Attorney(s) appearing for the Case

David I. Bruck, Columbia; Joseph R. Barker, Hilton Head, and Peter L. Fuge, Beaufort; and Asst. Appellate Defender William Isaac Diggs, of S.C. Commission of Appellate Defense, Columbia; and Ralph V. Baldwin, Jr., and C. Scott Graber, Beaufort, for appellants.

Atty. Gen. T. Travis Medlock, Asst. Atty. Gen. Harold M. Coombs, Jr., and Sr. Asst. Atty. Gen. Brian P. Gibbes, Columbia, for respondent.

Heard Sept. 12, 1983.

Decided Jan. 17, 1984.

LEWIS, Chief Justice.

Upon a previous trial, appellants were convicted of murder and were sentenced to death, the jury having found that the murder was perpetrated while in the commission of kidnapping. See Section 16-3-20(C)(a)(1)(c), Code of Laws of South Carolina, 1976. This court affirmed the convictions but remanded the case for retrial as to sentence. State...

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